Promoting justice through dialogue: Mediation at the Superior Court of Justice
Mediation; Superior Court of Justice; Multi-Door Justice; Consensual Dispute Resolution Mechanisms
This dissertation investigates the underutilization of mediation as a means of conflict resolution in the Superior Court of Justice (STJ), contrasting it with the prevailing trend of litigation. It is observed that despite the STJ's central role in setting precedents and promoting a legal culture, mediation is still seldom used, even though it may offer more effective, agile, and tailored solutions to the parties involved. The research, based on bibliographical and documentary methods, explores the concept of multi-door justice, analyzing the history and consolidation of alternative dispute resolution methods in Brazil. Additionally, an inductive method is applied to examine specific cases where mediation was used in the STJ, identifying best practices, obstacles, and opportunities for its expansion. The analysis focused on the decisions of the STJ's Private Law Panels, considering legal limitations regarding available and unavailable rights. The results suggest the presence of institutional and cultural barriers that hinder the broader adoption of mediation, while also pointing to potential guidelines that could contribute to promoting more efficient and accessible justice in the STJ. At the end of the study, proposals were presented for improving the use of mediation in the STJ.